Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, beginning July 1, 2026, an individual must be licensed by the Board before the individual may practice as an assisted living manager in the State. If a licensed assisted living manager leaves or is removed from a position as an assisted living manager by death or for any other unexpected cause, the owner of the assisted living program or other appropriate designee shall immediately: Designate a licensed assisted living manager to serve in that capacity; and Notify the Board of the designated licensed assisted living manager’s name; or Appoint an alternate assisted living manager or a nonlicensed individual to serve in the capacity of interim assisted living manager. The appointed alternate assisted living manager or nonlicensed individual may act as the interim assisted living manager on filing an application with the Board requesting a provisional license to practice as the interim assisted living manager for a period not to exceed 90 days. The owner or other appropriate designee shall immediately notify the Board of the appointment and forward the credentials of the individual appointed to the Board for evaluation to ensure that the individual appointed is experienced, trained, and competent. The Board may issue a provisional license to the applicant if the Board determines, in its discretion, that the applicant is of good moral character and capable of adequately administering the assisted living program for the provisional period. If the Board denies an application submitted in accordance with subparagraph (i) of this paragraph: The nonlicensed individual shall immediately cease acting as the interim assisted living manager; and If a licensed assisted living manager remains unavailable, the owner or other appropriate designee shall immediately appoint another nonlicensed individual to act as the interim assisted living manager. An individual appointed under subsubparagraph 3 of this subparagraph shall file an application for a provisional license with the Board in accordance with this paragraph. The provisional period begins on the date that the licensed assisted living manager leaves or is removed from the position as an assisted living manager. The Board, on request and for good cause shown, may extend the initial provisional period for a further period of not more than 30 days. Except as provided in paragraph (6) of this subsection, a licensed assisted living manager designated under paragraph (1)(i) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title. Except as provided in paragraph (6) of this subsection, an individual appointed in accordance with paragraph (1)(ii) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title. The Board may deny approval of an appointment under paragraph (2) of this subsection based on the results of a criminal history records check required under paragraph (3) or (4) of this subsection after consideration of the factors listed in § 9–3A–05(b)(1) of this subtitle. Paragraphs (3) and (4) of this subsection do not apply to an individual licensed, certified, or registered by a health occupations board who previously has completed a criminal history records check required for licensure, certification, or registration.

To qualify for a license, an applicant must: Be an individual who meets the requirements of this section; Be of good moral character; Be at least 21 years old; Meet the education requirements under COMAR 10.07.14; and Complete an assisted living manager training course required under § 19–1807 of the Health – General Article and under COMAR 10.07.14, including the successful passing of the course examination; or Be exempt from the training course requirement under § 19–1807(d) of the Health – General Article. Individuals who have been employed in the State as an assisted living manager and have worked at an assisted living program that is licensed for five or more beds as of June 30, 2024, are deemed to have satisfied the requirements of this section.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; Pay to the Board the application fee set by the Board; and Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this title.

The Board shall keep a file of each application for a license made under this subtitle. The file shall contain: The name, address, and age of the applicant; The name and address of the employer or business connection of the applicant; The date of the application; Complete and current information on the educational, training, and experience qualifications of the applicant; The date the Board reviewed and acted on the application; The action taken by the Board on the application; The identifying numbers of any license or renewal license issued to the applicant; and Any other information that the Board considers necessary. The application files shall be open to public inspection.

Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 9–302.1 of this title, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not issue a license if the criminal history record information required under § 9–302.1 of this title has not been received.

The applicant may appeal a decision of the Board that relates to issuing or renewing a license as provided for in § 9–3A–15 of this subtitle.

A license authorizes the licensee to practice as an assisted living manager while the license is in effect.

A license expires on the second anniversary of its effective date, unless the license is renewed for a 2–year term as provided in this section. At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before the license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education requirements under § 19–1807 of the Health – General Article. The Board shall renew the license of each licensee who meets the requirements of this section. The Board shall require a criminal history records check in accordance with § 9–302.1 of this title for: Licensure renewal applicants; and Each former licensee who files for reinstatement under § 9–3A–09 of this subtitle after failing to renew the license for a period of 1 year or more. On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 9–302.1 of this title, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Any other evidence that demonstrates whether the licensee poses a threat to the public health or safety. The Board may not renew or reinstate a license if the criminal history record information required under § 9–302.1 of this title has not been received. Unless otherwise required, a renewal applicant who previously has completed the criminal history records check as required for the Board’s application process does not have to submit to a subsequent criminal history records check for license renewal.

The Board shall reinstate the license of an assisted living manager who has failed to renew a license for any reason, if the licensee: Has not had the license suspended or revoked; Meets the renewal requirements of § 9–3A–08 of this subtitle; Pays to the Board the reinstatement fee set by the Board; Submits to the Board satisfactory evidence of compliance with the qualifications and requirements established under this subtitle for license reinstatements; and Applies to the Board for reinstatement of the license within 5 years after the license expires. The Board may not reinstate the license of an assisted living manager who fails to apply for reinstatement of the license within 5 years after the license expires, unless the assisted living manager becomes licensed by meeting the requirements for obtaining a new license under this subtitle in effect at the time the licensee seeks to reinstate the license.

If an individual has been licensed by the Board to practice as an assisted living manager in the State in accordance with the requirements of this subtitle, the individual may be licensed subsequently as an assisted living manager on inactive status, retaining the licensee’s original license number. The Board shall place a licensee on inactive status if the licensee submits to the Board: An application for inactive status on the form required by the Board; and The inactive status fee set by the Board. A licensee’s inactive status expires on the second anniversary of its effective date, unless the licensee renews the inactive status for a 2–year term as provided in this section. The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of: The date that the licensee’s inactive status becomes effective; The date that the licensee’s 2–year term of inactive status expires; and The consequences of: Not renewing inactive status before expiration of the 2–year term of inactive status; and Not resuming active status within the 5–year period of inactive status, beginning on the first day of inactive status. A licensee on inactive status may not practice as an assisted living manager in the State. The Board shall reactivate the license of a licensee who is on inactive status if the licensee: Completes an application form for reactivation of the license before expiration of the 2–year term of inactive status on the form required by the Board; Complies with the renewal requirements in effect at the time the licensee seeks to reactivate the license; Meets the continuing education requirements set by the Board; Has not practiced as an assisted living manager in the State while on inactive status; Pays all appropriate fees set by the Board; Has been on inactive status for less than 5 years; and Is otherwise entitled to be licensed. Before the Board may reactivate the license of an individual who has been on inactive status for 5 years or more, the individual shall: Submit a new application; Pay all appropriate fees set by the Board; Complete a Board–approved manager refresher program; Pass an examination approved by the Board; and Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this title. An assisted living manager whose inactive status expires before the assisted living manager’s license is reactivated shall meet the reinstatement requirements of § 9–3A–09 of this subtitle.

Unless the Board agrees to accept the surrender of a license, a licensed assisted living manager may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee. The Board may set conditions on its agreement with the assisted living manager under investigation or against whom charges are pending to accept surrender of the license.

The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a licensee has failed to meet any standard of the Board. Subject to the hearing provisions of § 9–3A–14 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, suspend or revoke a license, or impose a civil fine if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant, the licensee, or for another individual; Fraudulently or deceptively uses a license; Fails to meet the standards of practice for assisted living adopted by the Board under § 9–205 of this title; Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Practices assisted living management with an unauthorized individual or supervises or aids an unauthorized individual in the practice of assisted living management; Willfully makes or files a false report or record in the practice of assisted living management; Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; Submits a false statement to collect a fee; Commits an act of unprofessional conduct in the licensee’s practice as an assisted living manager; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Fails to cooperate with a lawful investigation conducted by the Board; Fails to oversee, manage, or administer an assisted living program to the extent that the safety, health, or life of any resident has been endangered; Endangers or sanctions the endangerment of the safety, health, or life of any resident; Violates any of the provisions of law or regulations governing assisted living programs in the State; or Fails to submit to a criminal history records check in accordance with § 9–302.1 of this title.

If, after a hearing under § 9–3A–14 of this subtitle, the Board finds that there are grounds under § 9–3A–12 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a civil fine: Instead of suspending or revoking the license; or In addition to a reprimand, placing the licensee on probation, or suspending or revoking the license. A civil fine imposed under this subsection may not exceed: $1,000 for a first violation; and $5,000 for any subsequent violation of the same provision. If, after disciplinary procedures have been brought against a licensee, the licensee waives the right to a hearing required under this subtitle and if the Board finds that there are grounds under § 9–3A–12 of this subtitle to reprimand the licensee, place the licensee on probation, or suspend or revoke a license, the Board, in addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license, may impose: A civil fine not exceeding $1,000 for a first violation; and A civil fine not exceeding $5,000 for any subsequent violation of the same provision. The Board shall pay any civil fine collected under this section into the General Fund of the State.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 9–3A–12(b) of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before it. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear for a hearing, the Board may hear and determine the matter.

Except as provided in this section for an action under § 9–3A–12 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. Any person aggrieved by a final decision of the Board under § 9–3A–12 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. An order of the Board may not be stayed pending judicial review.

Except as provided in subsections (b) and (c) of this section, an individual whose license has been revoked or surrendered under this subtitle may apply for reinstatement in accordance with the terms and conditions of the revocation order or surrender. If an individual applies for reinstatement under subsection (a) of this section, the Board may: Reinstate the license; Reinstate the license with terms and conditions the Board determines are appropriate and necessary; or Deny reinstatement. If the Board denies an application for reinstatement, the Board may: Set a date before which the applicant may not reapply; or Permanently prohibit reapplication. An individual whose license has been revoked or surrendered under this subtitle and who seeks reinstatement shall meet the continuing education requirements established for the renewal of licenses as if the individual were licensed during the period of revocation or surrender.

The Board may issue a cease and desist order for practicing as an assisted living manager without a license or with an unauthorized individual or for supervising or aiding an unauthorized individual in the practice of assisted living management. An action for aiding and abetting may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of assisted living management; or Conduct that is a ground for disciplinary action under § 9–3A–12 of this subtitle. An action under this section may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or A State’s Attorney, in the name of the State. An action under this section shall be brought in the county where the defendant resides or engages in the acts sought to be enjoined. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of assisted living management under § 9–401 of this title or disciplinary action under § 9–3A–12 of this subtitle.

An individual whose license has been revoked or surrendered under this subtitle may not work for, be employed by, or perform services for an assisted living program or nursing home in the State unless the individual’s license is reinstated under § 9–3A–16 of this subtitle.